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Environmental Permitting Regulations

Local Authority Pollution Prevention and Control

Environmental Permitting Regulations 2016

Local Authorities are required to regulate certain types of industries to reduce pollution and in particular improve air quality. The laws include The Pollution Prevention & Control Act 1999 and Environmental Permitting (England and Wales Regulations) 2010 which together govern Integrated Pollution Prevention and Control and Local Authority Pollution Prevention and Control.

Our role in the regime is to issue permits which set controls and emission standards to minimise pollution from certain industrial activities. The Activities which require a permit can be found in Part 2 of Schedule 1 of the Environmental Permitting (England and Wales) Regulations 2016. Once a Permit has been issued we routinely inspect the activity, those with a higher pollution potential are inspected more frequently.

The Environmental Permitting Regulations 2016 has replaced the Pollution Prevention and Control Regulations. There are currently no requirements to amend existing permits issued under the Environmental Permitting Regulations, PPC permits automatically become EP permits without any need to alter the wording on the permit.

The activities listed in the Environmental Permitting Regulations 2016 are split into three categories namely A1, A2 and Part B activities.

A list of industrial processes in the Cannock Chase District can be found below:

Types of installation

These include the larger industries such as power stations and chemical plants. A1 installations are regulated by the Environment Agency who control emissions of pollutants to air, land and water.

Part A2 Installations:

A1 and A2 industries have pollution controls to protect the environment from emissions to air, water (including discharges to sewer) and land including any other activities that may have an environmental impact hence the term 'integrated pollution prevention and control'.

Part B Installations:

These include smaller installations ranging from dry cleaners and petrol stations to roadstone coating to land or water and are only regulated for emissions to air. Mobile installations: Part A(2) and B mobile units such as stone crushers are regulated by the local authority where their head office or principle place of business is located. Operators of these units are required to inform the regulating authority of their location. As before Part A(1) mobile units are regulated by the Environment Agency.

Environmental Permits

Permits

Operators of installations like those mentioned above must obtain a permit to operate. An application fee must accompany the application for permit. For the charging scheme please either contact Cannock Chase Councils Environmental Protection Team or refer to Defra's site at:

Permit applications must include a written description of the way in which pollution is to be minimised. Where a local authority decides to grant an installation a permit, that permit must include conditions stipulating how pollution is to be minimised. Government guidance has been published as to the appropriate pollution standards for various types of installation. The law requires the standards to achieve a balance between protecting the environment and the cost of so doing. The local authority is required to have regard to that guidance.

Operators can appeal where a permit application is refused or where it is granted but the operator disagrees with the conditions.

Once a permit is issued the operator must comply with the conditions.

Local authorities categorise installations according to the risk they represent (high, medium or low risk) based on the potential environmental impact in the event of an incident, and the effectiveness and reliability of the operator.

Where a business fails to comply with the Regulations, local authorities have the power to serve various types of notice and the power to prosecute. Where possible, however, authorities try to work with the operator to resolve problems.

Guidance Documents

The GGM comprises guidance on the policy and permitting procedures for activities subject to LA-IPPC and LAPPC under the Environmental Permitting Regulations 2010. The Part B system is known as Local Authority Pollution Prevention and Control (LAPPC). Full details of the part B industries in your area can be found via the Cannock Chase Council Public Register. If your business poses a high risk to the environment (A1 process), you must have apply for a permit from the Environment Agency. Enquiries in relation to applications for Part A1 installations should be directed to the Environment Agency via their national call centre tel. 08708 506 506 or for incidents arising at these premises 0800 807060 (Freephone, 24 hour service).

It is statutory guidance to local authority regulators, which they must have regard to. It aims to guide firms undertaking or planning to undertake relevant activities on their legal obligations. And it is designed to be useful to members of the public interested in industrial pollution control. These include medium sized industries such as brick manufacturers and galvanisers. Part A(2) installations are regulated by the local authority. The A2 system is Local Authority Integrated Pollution Prevention and Control (LA-IPPC).

The additional guidance notes are known as Air Quality Notes (AQ Notes) and are used to provide information on any issue that requires clarification in writing by Defra.

This could be a correction to existing guidance, a reminder of the importance of certain requirements, drawing LA officers' attention to a relevant consultation which they may not have seen, clarifying Best Available Techniques if possible in the event of multiple queries, or merely an update on the latest state of play.

Air Quality (AQ) Notes- additional guidance notes plants that are regulated by the local authority. These industries are considered unlikely to cause pollution

It is the Operator's responsibility to determine whether the Regulations apply to their activity, and, if so, whether it is a Part A1, A2 or Part B activity. Operators should satisfy themselves that they comply with the law.